Hauger v. Gates

Plaintiffs brought this action to set aside an extrajudicial sale made under a deed of trust. Defendants’ demurrers to plaintiffs’ second amended complaint were sustained without leave to amend. From the judgment accordingly entered for defendants, plaintiffs appeal. They maintain that the allegations of their second amended complaint were sufficient to state a cause of action for the setting aside of the sale, as such allegations showed that plaintiffs were entitled to a setoff or counterclaim in an amount exceeding the amount due on the note, and that therefore they were not in default on…